REIGNING IN CORPORATE TYRANTS

“All those who have written upon civil institutions demonstrate…that whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it.

“If their evil disposition remains concealed for a time, it must be attributed to some unknown reason; and we must assume that it lacked occasion to show itself. But time, which has been said to be the father of all truth, does not fail to bring it to light.”

Niccolo Machiavelli knew what he was writing about.

And now, California legislators have wisely—if belatedly—acted on that warning by reigning in the vicious nature of corporate employers.

As of January 1, it is now illegal for California employers to ask job applicants about their former salaries and benefits.

Governor Jerry Brown signed a new state privacy bill into law during the last week of December, 2017.

This is good news for applicants who believe they shouldn’t be judged on how much—or little—money they earned in the past.

The truth is that, for decades, employers have used “salary histories” to discriminate against applicants who earned large—or small—salaries in their previous jobs.

For example: If an applicant had been paid a miserly wage even though he had performed major tasks for an employer, the new potential one would use that low salary as a weapon against him: “Well, it says here you earned $—– in your most recent job. Why should we pay you more than that?”

And if an applicant had earned a high salary, an employer would often use that against him: “We can’t afford to match that, let alone give you more than that.” In many cases, employers simply refused to give a reason for refusing to hire the applicant.

In either case, it was clearly an “I win/You lose” situation.

And, naturally, when employers whined about how expensive it was to pay a living wage to those who made their profits a reality, they never mentioned the exorbitant salary paid to their own CEO.

According to Glassdoor: “Across all companies, the average CEO pay was $13.8 million per year, the average median worker pay was about $77,800, and the average ratio of CEO pay to median worker pay was 204. In other words, on average, CEOs earn around 204 times what his or her median worker earns.”

One job-seeking applicant tried to finesse the salary history demand by filling out the job application form except for the salary history part. He then attached a cover-letter, which read:

“I am interested in speaking with you or one of your representatives about the above-named position. I have filled out the required application—-with the exception of the box inquiring into my Current/last Income.

“I have in the past responded to ‘Salary History’ inquires and have found these have only one purpose: To elicit the lowest salary received, so that the salary to be offered can be adjusted to that level.

“I have been paid on a per-hour basis, a per-assignment basis, and on a bi-weekly basis. Each of these salaries was for a different job, and each job required a specific set of skills and efforts on my part.

“I am prepared to discuss in detail how my skills and experiences can prove of use to your company. But I do not discuss past salaries earned with anyone but the Internal Revenue Service.

“If you are prepared to hire on the basis of what I can do for your company, and not on the basis of what other employers have paid me in the past for assignments that had nothing to do with your company, please contact me at your earliest convenience.”

As of January 1, 2018, California job-seekers will no longer have to worry about that part of the application.

Supporters of the law believe it will help reduce the notorious wage-gap between male and female employees.

“Women negotiating a salary shouldn’t have to wrestle an entire history of wage disparity,” said the bill’s principal author, California Assemblywoman Susan Talamantes Eggman.

California’s new law also requires potential employers to disclose a salary range for the job in question, should an applicant ask about it.

This arms job seekers with valuable information because they will now know how much a company is willing to offer for that position.

In the past, employers held that information close to the vest as one more way of gaining control over their potential employee.

Although California has long been a trailblazer in employee/employer relations, it was not the first state to pass such a law. Oregon, Delaware and Massachusetts had already passed laws forbidding employers from asking about salary history.

Many employers and their paid shills believe that President Calvin Coolidge was right when he said: “The man who builds a factory builds a temple; the man who works there worships there.”

Cheryl Behymer, an attorney for the law firm Fisher & Phillips, which represents employers, said: “Here’s another point where the government is dictating to an employer how to conduct its business and employers resent that.”

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TIP OF THE WEEK

When making complaints in writing, carefully review your email or letter before sending it. Remove any words that are vulgar or profane. Don't make sweeping accusations: "Your agency is a waste."

Don't attribute motives to people you've had problems with, such as: "The postal clerk refused to help me because he's a drunk." If the person actually appeared to be drunk, then be precise in your description: "As he leaned over the counter I could smell beer on his breath. Behind him, in a waste basket, I saw an empty bottle of Coors beer."

Show how the failure of the official to address your problem reflects badly on the company or agency: "This is not the level of service your ads would lead potential customers to expect."

If necessary, note any regulatory agencies that can make life rough for the company or agency if your complaint isn't resolved. For the phone company, for example, cite the FCC or the PUC. But do this only after you have stated you hope your complaint can be settled amicably and privately within the company.